Neither, really. Workers’ compensation is a form of insurance that employers purchase or provide. However, the rules governing what a workers’ compensation insurance policy must cover are, for the most part, set forth in state law, and a state agency oversees workers’ compensation compliance and disputes. Federal employees and those working in certain industries, however,…
The first thing you need to do is to seek medical treatment if necessary for your injury or illness. Keep in mind that if your employer has a list of at least six providers for you to choose to seek initial treatment from, then you must seek care from one of the providers on the…
The Pennsylvania Workers’ Compensation Act covers almost all workers. Employers need to comply and provide coverage for all seasonal, part-time, and full-time workers. Pennsylvania also forces nonprofits, unincorporated businesses, and organizations with only one employee to comply with the Workers’ Compensation Act. Other laws protect some groups of employees including employees for the federal government, railroad…
If you do not fall into one of the exceptions listed above, your employer is supposed to have workers’ compensation coverage unless they elect to be self-insured. If your employer has chosen to self-insure, they can directly pay you for your medical expenses and lost wages. If your employer is not self-insured, or they have…
You must notify your employer of your workplace injury within 21 days. Your employer may know immediately if you suffer an injury, but sometimes employers are not on-premises. Under Pennsylvania law, you have 120 days to file a workers’ compensation claim. If you do not report your injury or file a claim in time, you…
Pennsylvania law provides a wide array of workers’ compensation benefits to those with approved claims. Benefits can include: Lost wage benefits. Workers who suffer a total disability or partial disability as a result of a workplace injury can receive payments to replace some income they lose for missing work. Death benefits. Fatal workplace injuries sometimes…
If your injury is serious and you can’t work for at least a year or more, you may have legal rights to receive certain types of disability benefits, such as Social Security Disability payments. Go here for more information about this type of payment. An experienced Philadelphia workers’ compensation attorney can help you evaluate your eligibility…
Generally, no. The workers’ compensation program is designed to provide a simpler process for collecting compensation for workplace injuries and illness than suing an employer. Still, in some limited circumstances, a worker may have the right to sue an employer for a work-related injury or illness, such as: Cases where the employer has not purchased…
It is against the law for an employer to fire an employee simply for filing a workers’ compensation claim. It is also illegal for an employer to retaliate against you in any other way for filing your claim, such as by threatening you, increasing surveillance of your activities on the job, giving you a negative…
No, that is a decision made by your doctor. You will be allowed to return to work when your doctor provides you a release to do so. Often, doctors release the employee to return to work before treatment ends, but with restrictions. Once you have provided the release to the employer, it then becomes the…